Examination of Victims and Suspects in Criminal Cases | Forensic Law

This article delves into the methods, procedures, and significance of forensic examinations in the context of victims and suspects, focusing on the legal framework and how these processes contribute to criminal justice.

Legal Framework and Relevance in Criminal Justice

In criminal law, the forensic examination of victims and suspects is governed by strict legal provisions to ensure that evidence is collected in an unbiased and scientifically sound manner. In India, the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam lay down the foundation for how such examinations should be conducted. These examinations serve multiple purposes: establishing the nature of the offence, identifying the perpetrator, and ensuring that the innocent are not wrongfully convicted.

The Constitution of India also safeguards the fundamental rights of individuals, ensuring that suspects and victims are treated with dignity during forensic investigations.

Examination of Victims

The examination of victims is crucial for determining the nature of the crime committed, whether it be sexual assault, physical abuse, or any other criminal act. Medical and forensic professionals work together to gather evidence that can substantiate the victim's claims. The types of examinations vary depending on the nature of the crime, but typically include:

a. Medical Examination

The first and foremost step is the medical examination of the victim, especially in cases involving physical or sexual assault. Section 184 of the Bharatiya Nagarik Suraksha Sanhita mandates the medical examination of the victim of rape within 24 hours of the complaint being lodged. The medical practitioner must record detailed findings, which include injuries, signs of struggle, and the presence of foreign materials such as bodily fluids or DNA.

In cases of assault, the examination can reveal important information about the type of weapon used, the force of the attack, and the timeline of events. Medical experts play a critical role in ensuring that the evidence gathered is scientifically valid and can withstand legal scrutiny.

b. Forensic Evidence Collection

In addition to the medical examination, forensic evidence plays a pivotal role. This includes collecting DNA samples, bloodstains, hair, fibers, and other physical evidence that may link the victim to the crime scene or the suspect. The proper collection and preservation of forensic evidence are governed by strict protocols, as mishandling can result in contamination or inadmissibility in court.

Forensic experts often collaborate with law enforcement agencies to reconstruct the sequence of events based on the evidence gathered. This is particularly important in cases involving murder, where the forensic analysis of wounds, blood spatter, and post-mortem changes can provide critical insights.

c. Psychological Examination

In many cases, particularly those involving trauma or sexual violence, victims undergo psychological evaluation. The examination seeks to assess the mental and emotional state of the victim, which can be crucial in understanding the long-term effects of the crime. The psychological report may be used to substantiate claims of trauma and to guide the legal proceedings, particularly in cases where the mental health of the victim is a significant factor.

Examination of Suspects

The forensic examination of suspects is equally important for establishing a connection to the crime. Such examinations are carried out under the purview of Section 51 of the Bharatiya Nagarik Suraksha Sanhita, which allows law enforcement agencies to conduct medical or forensic examinations of suspects with the assistance of qualified professionals.

a. Medical Examination of Suspects

The medical examination of suspects is undertaken to search for physical evidence that links them to the crime. This includes looking for injuries that may have been sustained during the crime, traces of blood or bodily fluids from the victim, or any other indicators that suggest involvement. For instance, in cases of sexual assault, the examination may reveal the presence of the victim's DNA on the suspect's body or clothing.

This process must be conducted by authorized medical professionals to ensure that the findings are accurate and legally admissible. Importantly, these examinations are conducted following constitutional protections, ensuring that the suspect's rights are not violated during the process.

b. Collection of Forensic Samples

DNA analysis has revolutionized forensic investigations, allowing authorities to match suspects to evidence with a high degree of certainty. Suspects may be required to provide blood, hair, or saliva samples for DNA profiling. This is often crucial in crimes where the suspect's physical presence at the scene needs to be established or ruled out.

Section 52 of the Bharatiya Nagarik Suraksha Sanhita outlines specific provisions for the medical examination of persons accused of rape, ensuring that both the victim's and the accused's bodily evidence are subject to forensic analysis. These analyses have proven indispensable in cases where traditional methods of investigation may not yield definitive results.

c. Polygraph and Narco-Analysis

Though controversial, forensic methods such as polygraph tests (lie detector tests) and narco-analysis are sometimes used in the examination of suspects. While these methods are not considered entirely reliable and their admissibility in court is subject to legal debate, they can be valuable tools in certain cases.

In India, the Supreme Court has ruled that such tests cannot be conducted without the consent of the individual, as they may infringe on the fundamental rights of the suspect. However, when consent is given, these tests may provide law enforcement with critical leads.

Role of Expert Opinion in Forensic Examinations

The role of forensic experts in the examination of victims and suspects cannot be overstated. Expert opinions, grounded in scientific methodologies, provide the necessary objectivity to criminal investigations. Courts frequently rely on the testimony of forensic experts to explain complex scientific evidence, making their contribution indispensable to the legal process.

Forensic experts often specialize in fields such as toxicology, pathology, serology, or ballistics, depending on the nature of the crime. Their involvement ensures that evidence is properly analyzed, and their findings can significantly influence the outcome of a trial.

Conclusion

The forensic examination of victims and suspects is an indispensable part of criminal investigations, providing the scientific evidence needed to substantiate legal claims and establish the truth. While advancements in forensic technology have significantly improved the accuracy of such examinations, challenges such as evidence contamination, delays, and resource shortages persist.

To enhance the effectiveness of forensic examinations in criminal cases, law enforcement agencies, medical professionals, and forensic experts must work collaboratively, ensuring that the rights of both victims and suspects are upheld. The legal framework must continue to evolve in tandem with technological advancements to ensure that forensic examinations contribute meaningfully to the pursuit of justice.

In criminal cases, the ability to examine victims and suspects with precision and accuracy under forensic law not only upholds the legal standards but also strengthens the overall justice system by providing evidence that can withstand the scrutiny of the courts.

References

[1] Bhartiya Nyaya Sanhita, 2023

[2] Bharatiya Nagarik Suraksha Sanhita, 2023

[3] Bharatiya Sakshya Adhiniyam, 2023

[4] Sharma, B.R., Forensic Science in Criminal Investigation & Trials (5th Edition, Universal Law Publishing Co. Pvt. Ltd., 2014)

[5] Justice under the microscope: Forensic science in the Indian criminal justice system, Available Here